the statutes of the republic of singapore radiation

THE STATUTES OF THE REPUBLIC OF SINGAPORE

RADIATION PROTECTION ACT 2007

2020 REVISED EDITION

This revised edition incorporates all amendments up to andincluding 1 December 2021 and comes into operation on 31 December 2021.

Prepared and Published by

THE LAW REVISION COMMISSIONUNDER THE AUTHORITY OF

THE REVISED EDITION OF THE LAWS ACT 1983

Radiation Protection Act 2007

ARRANGEMENT OF SECTIONS

PART 1

PRELIMINARY

Section

1. Short title2. Interpretation3. Application of Act to Government

PART 2

ADMINISTRATION

4. Administration of Act and appointment of authorised officers5. Advisory and technical committees

PART 3

CONTROL OF IMPORT, EXPORT, ETC., OF RADIOACTIVEMATERIALS AND IRRADIATING APPARATUS

6. Control of import, export, etc., of radioactive materials7. Control of import, export, etc., of irradiating apparatus

PART 4

LICENCES

8. Application for licences, etc.9. Register of licences

PART 5

GENERAL PROVISIONS RELATING TO OCCUPATIONALHEALTH AND SAFETY

10. Duties of licensees to employees11. Duties of licensees to third parties

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1

2020 Ed.

PART 6

DISPOSAL OF RADIOACTIVE WASTE

Section

12. Disposal of radioactive waste13. Accumulation of radioactive waste14. Director-General may dispose of radioactive waste15. Transport of radioactive waste

PART 7

INFORMATION AND DOCUMENTS

16. Maintenance of records, etc.17. Power to obtain information and documents18. Confidentiality

PART 8

INSPECTIONS

19. Interpretation of this Part20. National inspectors and inspection21. IAEA inspectors and inspection22. Persons who may accompany IAEA inspectors23. Written directions24. Identification certificates25. Warrant for national inspection26. Warrant for IAEA inspection27. Obligations of persons carrying out inspections

PART 8A

OFFENCES RELATING TO NUCLEARMATERIAL CONVENTION

28. Interpretation and application of this Part29. Use, etc., of nuclear material30. Enhanced punishment for theft, etc., of nuclear material31. Threat to commit certain offences32. Use, etc., of nuclear material to cause damage to environment33. Acts against nuclear facilities34. Threats to commit offence under section 32 or 3335. Export or import of nuclear material: extended jurisdiction36. Information relating to offence

Radiation Protection Act 20072 2020 Ed.

Section

37. Extraterritoriality38. Assistance under Mutual Assistance in Criminal Matters

Act 200039. Extradition

PART 9

ENFORCEMENT

40. Power of arrest41. Warrant for search and seizure42. Use of force43. Forfeiture44. False or misleading statements and documents45. Obstruction, etc., of authorised officer or IAEA inspector

PART 10

MISCELLANEOUS

46. Appeals47. Protection of persons acting under Act48. Public servants49. Fees, charges, etc., collected by authorised officer to be paid to

Agency50. Offences by bodies corporate, etc.51. Jurisdiction of courts52. Penalty for offences not otherwise provided for53. Composition of offences54. Cost of enforcement55. Exemption56. Amendment of Schedules57. Regulations58. Saving for other written law59. Saving and transitional provisions

First Schedule — Definition of nuclear materialSecond Schedule — Enhanced punishments for offences

committed in relation to nuclear material

An Act to control and regulate the import, export, manufacture, sale,disposal, transport, storage, possession and use of radioactivematerials and irradiating apparatus, to make provision in relation to

Radiation Protection Act 20072020 Ed. 3

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the non-proliferation of nuclear weapons, to establish a system forthe imposition and maintenance of nuclear safeguards, and toimplement the Convention on the Physical Protection of NuclearMaterial, and to provide for matters connected therewith.

[20/2014]

[1 July 2007]

PART 1

PRELIMINARY

Short title

1. This Act is the Radiation Protection Act 2007.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“Agency” means the National Environment Agency establishedunder the National Environment Agency Act 2002;

“authorised officer” means any person appointed as anauthorised officer under section 4(2), and includes theDirector-General;

“Convention country” means a foreign country that is a Party tothe Nuclear Material Convention;

“conveyance” includes any vessel, train, vehicle, aircraft orother mode of transport;

“country” includes a State or territory, as the case may be;

“Director-General” means the Director-General ofEnvironmental Protection appointed under section 3(1) ofthe Environmental Protection and Management Act 1999;

“disposal”, in relation to waste, includes —

(a) its removal, deposit or destruction;

(b) its discharge, whether onto land, into water or air,into a sewer or drain, or otherwise; and


(c) its burial, whether underground or otherwise,

and “dispose of” is to be construed accordingly;

“IAEA” means the International Atomic Energy Agencyestablished by the IAEA Statute;

“IAEA inspector” means an individual designated as aninspector by the IAEA Board of Governors according tothe procedures set out in the Safeguards Agreement to carryout an inspection or a visit in accordance with thatAgreement;

“IAEA Statute” means the Statute of the International AtomicEnergy Agency, being the Statute ratified by Singapore on5 January 1967, and includes any amendment to, orsubstitution of, the Statute that is binding on Singapore;

“ionising radiations” means electromagnetic radiations andcorpuscular radiations which give rise to the formation ofion pairs on interaction with matter;

“irradiating apparatus” means —

(a) any apparatus that is capable of producing ionisingradiation;

(b) any apparatus of a prescribed type that is capable ofproducing non-ionising radiation; and

(c) any component of or accessory to an apparatusdescribed in paragraph (a) or (b);

“licence” means a licence granted under section 8;

“national inspector” means any person who is a nationalinspector by virtue of, or appointed under, section 20;

“non-ionising radiations” means electromagnetic radiations andfields with wavelengths greater than 100 nanometers and allacoustic radiations and fields with frequencies below 16 Hzand above 16 kHz;

“nuclear material” has the meaning given in the First Schedule;


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“Nuclear Material Convention” means the Convention on thePhysical Protection of Nuclear Material adopted in Vienna on26 October 1979, as amended by the amendments adopted inVienna on 8 July 2005;

“nuclear offence” means —

(a) an offence under section 29, 31, 32, 33 or 34;

(b) an offence specified in the Second Schedulecommitted in relation to any nuclear material;

(c) an abetment of, or a conspiracy to commit, an offencementioned in paragraph (a) or (b);

(d) an attempt to commit an offence under section 29, 32or 33, or an offence mentioned in paragraph (b)except any offence under section 384, 385, 386, 387,388 or 389 of the Penal Code 1871 committed inrelation to nuclear material; or

(e) an act by a person which would make the personliable for an offence mentioned in paragraph (a), (b)or (d) by virtue of section 34, 35 or 37 of the PenalCode 1871;

“nuclear trafficking offence” means —

(a) an offence under section 35;

(b) an abetment of, or an attempt or conspiracy tocommit, an offence under section 35; or

(c) an act by a person which would make the personliable for an offence under section 35 or an attempt tocommit such an offence by virtue of section 34, 35 or37 of the Penal Code 1871;

“owner”, in relation to any premises, includes —

(a) the person for the time being receiving the rent for thepremises, whether on the person’s own account or asan agent or a trustee for any other person, or theperson who would so receive the rent if the premiseswere let to a tenant; and


(b) the person whose name is entered in the ValuationList prepared under section 10 of the Property TaxAct 1960;

“premises” includes —

(a) messuages, houses, buildings and lands, whetheropen or enclosed, and whether public or private;

(b) any place underground and any land covered bywater; and

(c) any structure or conveyance;

“radiation” means ionising radiation or non-ionising radiation;

“radioactive material” means any article containing aradioactive substance giving it a specific or totalradioactivity exceeding the prescribed level, and includesany article containing any nuclear material;

“radioactive substance” means a radionuclide or mixture ofradionuclides, either alone or in chemical combination withother elements;

“radioactive waste” means any waste which consists wholly orpartly of —

(a) the substance or article which, if it were not waste,would be radioactive material; or

(b) a substance or an article which has beencontaminated in the course of the production,keeping or use of radioactive material or by contactwith, or proximity to other waste falling withinparagraph (a);

“radionuclide” means an isotope of any element whichspontaneously emits any ionising radiation;

“registered medical practitioner”means any person registered ordeemed to be registered as a medical practitioner under theMedical Registration Act 1997;

“Safeguards Agreement” means the Agreement betweenSingapore and the International Atomic Energy Agency for


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the Application of Safeguards in connection with the Treatyon the Non-Proliferation of Nuclear Weapons signed on18 October 1977, and includes —

(a) that Agreement as amended from time to time;

(b) the protocol to that Agreement signed on 18 October1977, as amended from time to time; and

(c) the protocol additional to that Agreement for theapplication of safeguards, signed at Vienna on22 September 2005;

“sell” includes —

(a) supplying or otherwise dealing in or disposing of,whether by way of sale, loan or gift;

(b) offering or attempting to sell, receiving for sale,exposing for sale, having in possession for sale,sending or delivering for sale, or causing to be sold,offered or exposed for sale; and

(c) barter,

and “sale” and “purchase” have corresponding meanings.[20/2014]

(2) Unless the context otherwise requires, any word or expressionused and not defined in this Act but defined in the SafeguardsAgreement has the same meaning as in the Safeguards Agreement.

Application of Act to Government

3.—(1) Except as provided in subsection (2), Parts 3 to 8 and 10 andregulations made for the purposes of these Parts bind and apply to theGovernment.

[20/2014]

(2) Nothing in this Act renders the Government liable toprosecution for an offence.

[2A[20/2014]


PART 2

ADMINISTRATION

Administration of Act and appointment of authorised officers

4.—(1) The Director-General is charged with the generaladministration of this Act and the exercise of the powers conferredand duties imposed upon the Director-General by this Act.

(2) The Director-General may in writing appoint any public officer,or any officer of the Agency or any other statutory authority, to be anauthorised officer for the purposes of this Act.

(3) Subject to any general or special directions of theMinister or theDirector-General, the powers conferred and duties imposed on theDirector-General by this Act may be exercised or performed by anyauthorised officer.

[3

Advisory and technical committees

5.—(1) The Agency may appoint such advisory or technicalcommittees as the Agency thinks necessary for the purpose ofadvising the Agency on any matter arising from the administration ofthis Act.

(2) The composition of such committees and the terms ofappointment of the members must be determined by the Agency.

[4

PART 3

CONTROL OF IMPORT, EXPORT, ETC., OF RADIOACTIVEMATERIALS AND IRRADIATING APPARATUS

Control of import, export, etc., of radioactive materials

6.—(1) A person must not, except under and in accordance with alicence —

(a) import into, or export out of, Singapore any radioactivematerial;


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(b) keep, have in the person’s possession or under the person’scontrol, or use any radioactive material;

(c) manufacture, sell or otherwise deal in any radioactivematerial; or

(d) transport any radioactive material.

(2) Any person who contravenes subsection (1) shall be guilty of anoffence and shall be liable on conviction to a fine not exceeding$100,000 or to imprisonment for a term not exceeding 5 years or toboth.

[5[20/2014]

Control of import, export, etc., of irradiating apparatus

7.—(1) A person must not, except under and in accordance with alicence —

(a) import into, or export out of, Singapore any irradiatingapparatus;

(b) keep, have in the person’s possession or under the person’scontrol, or use any irradiating apparatus;

(c) manufacture, or otherwise produce, any irradiatingapparatus; or

(d) sell, deal with or otherwise deal in any irradiatingapparatus.

(2) Every person who sells any irradiating apparatus mustimmediately give notice of the sale to the Director-General,together with the name, address and prescribed particulars of theperson to whom it was sold, in such form and manner as may beprescribed.

(3) Every person who purchases any irradiating apparatus mustimmediately give notice of the purchase to the Director-General,together with the name, address and prescribed particulars of theperson from whom it was purchased, in such form and manner as maybe prescribed.


(4) A person must not dispose of any irradiating apparatus, whetherin a working condition or otherwise, without the prior writtenapproval of the Director-General.

(5) Any person who contravenes subsection (1) shall be guilty of anoffence and shall be liable on conviction to a fine not exceeding$100,000 or to imprisonment for a term not exceeding 5 years or toboth.

[20/2014]

(6) Any person who contravenes subsection (2), (3) or (4) shall beguilty of an offence and shall be liable on conviction to a fine notexceeding $50,000 or to imprisonment for a term not exceeding12 months or to both.

[6

PART 4

LICENCES

Application for licences, etc.

8.—(1) An application for the grant or renewal of a licence must bemade to the Director-General in such form and manner as theDirector-General may require and must be accompanied by theprescribed fee.

(2) An applicant for a licence must provide such information anddocuments as the Director-General may in any case require.

(3) The Director-General may —

(a) grant or renew a licence subject to such conditions,limitations and exceptions as the Director-General mayspecify;

(b) during the currency of a licence, revoke or vary anycondition, limitation or exception attached to the licence,or attach new conditions, limitations or exceptions to thelicence;

(c) refuse any application for the grant or renewal of a licence;or


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(d) suspend a licence for such period as he or she maydetermine, or cancel a licence.

(4) A licence, unless earlier cancelled or suspended, remains inforce for such period as may be specified in the licence.

[7

Register of licences

9.—(1) The Director-General must keep or cause to be kept suchregisters of licences as may be prescribed.

(2) The contents of every such register may be evidenced in anyproceedings by a certificate under the hand of the Director-General,and every such certificate is prima facie evidence of the matters statedtherein.

(3) A certificate under the hand of the Director-General stating thaton a date specified in the certificate any person named in thecertificate did or did not appear in any register as the holder of alicence or any specified class of licence is, until the contrary isproved, sufficient evidence of the matters specified in the certificate.

[8

PART 5

GENERAL PROVISIONS RELATING TO OCCUPATIONALHEALTH AND SAFETY

Duties of licensees to employees

10.—(1) Every licensee must provide and maintain, so far as ispracticable, for the licensee’s employees who are exposed or likely tobe exposed to radiations a working environment that is safe andwithout risks to health.

(2) Without limiting subsection (1), every licensee must —

(a) protect or cause to be protected all of the licensee’semployees from exposure to radiations;

(b) provide such information, instruction, training andsupervision to such employees as are necessary to enable


the employees to perform their work in a manner that issafe and without risks to health;

(c) submit such particulars as the Director-General mayrequire regarding each of the licensee’s employees whois likely to be exposed to any radiation;

(d) provide each of the licensee’s employees such monitoringequipment or devices as may be prescribed and require allsuch employees to wear these prescribed personnelmonitoring equipment and devices; and

(e) provide all of the licensee’s employees with prescribedmedical examinations by such registered medicalpractitioners as the Director-General may approve.

(3) The registered medical practitioners performing the medicalexaminations under subsection (2)(e) must give notice to theDirector-General, in such form and manner as the Director-Generalmay require, of all employees of a licensee whose health is affected,or is reasonably suspected to be affected, by radiations.

(4) If the Director-General is satisfied that it is detrimental to thehealth of any employee of a licensee if the employee continues to beexposed to radiations, the licensee must not permit or require thatemployee —

(a) to perform any duty which will or is likely to cause thatemployee to be further exposed to radiations; or

(b) to work in any place where that employee will be or islikely to be further exposed to radiations.

(5) In this section —

(a) “employee”, in relation to a licensee, includes —

(i) an independent contractor engaged by the licensee;and

(ii) any employee of an independent contractor engagedby the licensee; and

(b) the duties of a licensee extend to any independentcontractor engaged by the licensee and to the employees


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of the independent contractor, in relation to matters overwhich the licensee —

(i) has control; or

(ii) would have had control but for any agreementbetween the licensee and the independentcontractor to the contrary.

[9

Duties of licensees to third parties

11. Every licensee must ensure so far as is practicable that persons(other than the licensee’s employees) are not exposed to risks to theirhealth or safety arising from the conduct of the undertaking oractivities of the licensee.

[10

PART 6

DISPOSAL OF RADIOACTIVE WASTE

Disposal of radioactive waste

12.—(1) A person must not, except with the prior written approvalof the Director-General and in accordance with such conditions,limitations and exceptions as the Director-General may specify,dispose of or cause to be disposed of any radioactive waste.

(2) Any person who, without reasonable excuse, contravenessubsection (1) shall be guilty of an offence and shall be liable onconviction to a fine not exceeding $50,000 or to imprisonment for aterm not exceeding 12 months or to both.

[11

Accumulation of radioactive waste

13.—(1) Subject to subsection (2), a person must not, except withthe prior written approval of the Director-General and in accordancewith such conditions, limitations and exceptions as theDirector-General may specify, accumulate any radioactive waste onany premises.


(2) Where the disposal of any radioactive waste has been approvedby the Director-General under section 12 and, in accordance with thatapproval, the radioactive waste is required or permitted to beaccumulated with a view to its subsequent disposal, no furtherapproval under subsection (1) is required to enable the radioactivewaste to be accumulated in accordance with the approval grantedunder that section.

(3) For the purposes of this section, where any radioactive materialis produced, kept or used on any premises and any substance arisingfrom the production, keeping or use of that radioactive material is—

(a) accumulated in any part of the premises appropriated forthe purpose; and

(b) retained there for a period of 3 or more months,

that substance is, unless the contrary is proved, presumed —

(c) to be radioactive waste; and

(d) to be accumulated on the premises with a view to itssubsequent disposal.

(4) Any person who contravenes subsection (1) shall be guilty of anoffence and shall be liable on conviction to a fine not exceeding$50,000 or to imprisonment for a term not exceeding 12 months or toboth.

[12

Director-General may dispose of radioactive waste

14.—(1) If there is radioactive waste on any premises and theDirector-General is of the opinion that the radioactive waste isunlikely to be lawfully disposed of, the Director-General has thepower —

(a) to dispose of that radioactive waste in any manner that theDirector-General thinks fit; and

(b) to recover from the occupier of the premises or, if thepremises are unoccupied, from the owner of the premisesany expenses reasonably incurred by the Director-Generalin disposing of the radioactive waste.


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(2) Subject to section 46, the decision of the Director-General isfinal.

(3) For the exercise of the power mentioned in subsection (1)(a),the Director-General or any other authorised officer may do anythingnecessary or expedient for carrying out the disposal of the radioactivewaste, including entering the premises and taking the radioactivewaste for disposal.

[13

Transport of radioactive waste

15.—(1) A person must not, except with the prior written approvalof the Director-General and in accordance with such conditions,limitations and exceptions as the Director-General may specify,transport any radioactive waste.


[14

PART 7

INFORMATION AND DOCUMENTS

Maintenance of records, etc.

16.—(1) Every licensee, and every person who has been grantedany approval by the Director-General under this Act, must —

(a) keep and maintain such records in such form and manner,and containing such information, as may be prescribed;and

(b) prepare and give to the Director-General such periodicreports and such special reports relating to the activitylicensed or approved as may be prescribed or as theDirector-General may direct.

(2) Any person who, without reasonable excuse, contravenessubsection (1) shall be guilty of an offence and shall be liable on


conviction to a fine not exceeding $10,000 or to imprisonment for aterm not exceeding 3 months or to both.

[15

Power to obtain information and documents

17.—(1) The Director-General may, by written notice to any personwhom the Director-General considers to be capable of giving anyinformation or document that is required to be given by Singapore tothe IAEA under the Safeguards Agreement, or to a Conventioncountry or the IAEA or any other international organisation under theNuclear Material Convention, require the person to give suchinformation or document to the Director-General in such form andmanner, and within such period, as may be specified in the notice.

[20/2014]

(2) Despite section 58, the duty to comply with a notice given undersubsection (1) is not affected by any obligation as to secrecy or otherrestriction on disclosure, whether imposed by written law orotherwise.

(3) Any person who, without reasonable cause, contravenes anotice given under subsection (1) shall be guilty of an offence andshall be liable on conviction to a fine not exceeding $10,000 or toimprisonment for a term not exceeding 3 months or to both.

[16

Confidentiality

18.—(1) Except as provided in subsection (2), every personexercising any function under this Act must keep confidential anyinformation that is obtained pursuant to this Act concerning theaffairs of another person, including but not limited to informationwith regard to any manufacturing process or trade secret.

(2) The information in subsection (1) may be disclosed —

(a) with the consent of the person to whose affairs it relates;

(b) in connection with anything done for the purposes of thisAct, the Safeguards Agreement or the Nuclear MaterialConvention;


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(c) in connection with the investigation of a criminal offenceor for the purposes of criminal proceedings;

(d) in compliance with the requirement of any court, tribunal,authority or person having lawful authority to require theproduction of documents or the answering of questions;

(e) for the purpose of dealing with an emergency involvingpublic safety or ensuring the security of Singapore; or

(f) if the information is already in the public domain.[20/2014]


[17

PART 8

INSPECTIONS

Interpretation of this Part

19.—(1) A reference in this Part to a compliance purpose is areference to the purpose of —

(a) determining whether the provisions of this Act have beenor are being complied with;

(b) determining whether the conditions and limitationsapplicable to a licence have been or are being compliedwith by the licensee; or

(c) ensuring the proper functioning at any premises of anydevice, apparatus or equipment installed in the course of aninspection.

(2) A reference in this Part to an inspection power is a reference to apower to —

(a) search or examine any premises;


(b) inspect or examine any matter or thing (includingexamining and calibrating any irradiating apparatus,instrument or measuring and control equipment);

(c) take samples of any matter or thing for the purpose ofexamination or testing;

(d) measure any quantity of nuclear material;

(e) examine, take extracts from, or make copies of, anydocument (including any record kept in accordance withthe requirements of this Act or the conditions of a licence);

(f) interview any person on the premises (including makingrecordings of such interviews);

(g) operate any equipment (including electronic equipment)located at the premises if the person exercising the powerbelieves, on reasonable grounds, that the equipment can beoperated without damaging it;

(h) operate any photographic or video-recording equipmentanywhere in or around the premises;

(i) operate any radiation detection or measurement device;

(j) apply any surveillance or containment measures; or

(k) do anything that is prescribed or that is necessary orexpedient for the carrying out of any of the acts mentionedin paragraphs (a) to (j), including —

(i) restricting or prohibiting the access of persons andvehicles to or from the premises; and

(ii) applying labels, seals or other identifying andtamper-indicating devices.

(3) A power under subsection (2)(a), (b), (c), (d), (g), (h), (i), (j) or(k) may only be exercised in a manner that the person authorised toexercise it believes, on reasonable grounds, to be in accordance withsafety procedures applicable at the premises.

[18


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National inspectors and inspection

20.—(1) All authorised officers are national inspectors for thepurposes of this Act.

(2) The Director-General may, in writing, appoint any other personto be a national inspector.

(3) A national inspector may —

(a) with the consent of the person who owns, or who is incontrol of, any premises; or

(b) under a warrant issued under section 25 or 26 in respect ofany premises,

enter the premises and exercise, on or in the premises, any inspectionpower for a compliance purpose.

[19

IAEA inspectors and inspection

21. An IAEA inspector may —

(a) with the consent of the person who owns, or who is incontrol of, any premises; or

(b) under a warrant issued under section 26 in respect of anypremises,

enter and inspect the premises pursuant to the Safeguards Agreementand exercise, in connection with the inspection, any functioncontemplated, and power provided for, in the Safeguards Agreement.

[20

Persons who may accompany IAEA inspectors

22.—(1) In order to facilitate an inspection under section 21, anIAEA inspector may be accompanied by a national inspector.

(2) A national inspector may exercise any inspection power for thepurpose of facilitating an inspection under section 21.

[21


Written directions

23.—(1) The Director-General may, by written notice, issuedirections to any person for the purpose of facilitating anyinspection under this Part.

(2) Any person who, without reasonable excuse, contravenes anydirection given by the Director-General under subsection (1) shall beguilty of an offence and shall be liable on conviction to a fine notexceeding $50,000 or to imprisonment for a term not exceeding12 months or to both.

[22

Identification certificates

24. The Director-General must issue to every IAEA inspector andnational inspector a certificate identifying him or her as such IAEAinspector or national inspector, as the case may be.

[23

Warrant for national inspection

25.—(1) A national inspector may apply for a warrant if the consentof the person who owns, or who is in control of, any premises to enterthe premises to exercise any inspection power for a compliancepurpose cannot be obtained, or if the person refuses to give suchconsent.

(2) Subject to subsection (3), a Magistrate who is satisfied that thereare reasonable grounds for believing that —

(a) entry to the premises is necessary to exercise anyinspection power for a compliance purpose; and

(b) the consent of the person who owns, or who is in control of,the premises cannot be obtained or such consent is refused,

may, unconditionally or subject to conditions, issue a warrantauthorising the national inspector to enter the premises for thepurpose of exercising any inspection power for a compliancepurpose, at such time as may be specified in the warrant andwithin 14 days of the issue of such warrant or within such longerperiod as may be specified in the warrant.


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(3) The national inspector must —

(a) before applying for a warrant, make reasonable inquiries asto whether any other application for such a warrant hasbeen made in respect of the premises concerned and, if so,the following matters:

(i) the offence or offences (if any) alleged in respect ofeach application; and

(ii) the results of each application; and

(b) disclose on the application for the warrant the results of theinquiries.

[24

Warrant for IAEA inspection

26.—(1) The Director-General may apply for a warrant on behalf ofan IAEA inspector or a national inspector if the consent of the personwho owns, or who is in control of, any premises to enter the premisesfor the purposes mentioned in section 21 cannot be obtained, or if theperson refuses to give such consent.

(2) Subject to subsection (3), a Magistrate who is satisfied that thereare reasonable grounds for believing that —

(a) entry to the premises is necessary for the purposesmentioned in section 21; and

(b) the consent of the person who owns, or who is in control of,the premises cannot be obtained or such consent is refused,

may, unconditionally or subject to conditions, issue a warrantauthorising the IAEA inspector or the national inspector to enterthe premises for the purposes mentioned in section 21, at such time asmay be specified in the warrant and within 14 days of the issue ofsuch warrant or within such longer period as may be specified in thewarrant.

(3) The Director-General must —

(a) before applying for a warrant, make reasonable inquiries asto whether any other application for such a warrant has


been made in respect of the premises concerned and, if so,the following matters:

(i) the offence or offences (if any) alleged in respect ofeach application; and

(ii) the results of each application; and

(b) disclose on the application for the warrant the results of theinquiries.

[25

Obligations of persons carrying out inspections

27.—(1) Every national inspector must —

(a) carry his or her identification certificate issued by theDirector-General under section 24; and

(b) produce his or her identification certificate to any personappearing to own, or be in control of, the premisesentered —

(i) on entering the premises (if such a person is thenpresent); or

(ii) at any reasonable time after entering the premises, ifasked to do so by the person.

(2) Every national inspector must —

(a) if, at any time between the time of entry of any premises tobe inspected and the time the inspection is completed, thereis no person appearing to own, or be in control of, thepremises, as soon as is practicable after completing theinspection give the owner, occupier or person in control ofthe premises a written notice stating that the premises havebeen entered, and specifying the following matters:

(i) the time and date of entry;

(ii) the circumstances and purpose of entry; and

(iii) the name of every person entering;

(b) where applicable, have a warrant with him or her andproduce it if required to do so; and


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(c) where any matter, thing or document is taken, give theowner, occupier or person in control of the premises awritten inventory thereof.

[26

PART 8A

OFFENCES RELATING TO NUCLEARMATERIAL CONVENTION

Interpretation and application of this Part

28.—(1) In this Part —

“armed conflict” does not include internal disturbances andtensions, such as riots, isolated and sporadic acts of violence,and other acts of a similar nature;

“environment” includes land, air and water, and livingorganisms supported by any of those media;

“military forces of a State” means —

(a) the armed forces of a State which are organised,trained and equipped under its internal law for theprimary purpose of national defence or security;

(b) civilians who direct or organise the official activitiesof those armed forces; or

(c) civilians acting in support of the official activities ofthose armed forces, if the civilians are under theformal command, control and responsibility of thoseforces;

“nuclear facility” means a facility (including associatedbuildings and equipment) used for peaceful purposes inwhich nuclear material is produced, processed, used,handled, stored or disposed of, if damage to or interferencewith such facility could lead to the release of significantamounts of radiation or radioactive material;


“nuclear material” means —

(a) plutonium except plutonium with an isotopicconcentration of plutonium-238 exceeding 80%;

(b) uranium-233;

(c) uranium containing uranium-233 or uranium-235 orboth in such an amount that the abundance ratio of thesum of those isotopes to uranium-238 is greater thanthe ratio of uranium-235 to uranium-238 occurring innature;

(d) uranium with an isotopic concentration equal to thatoccurring in nature; or

(e) any material containing one or more of the foregoing,

that is used for peaceful purposes, but does not includeuranium in the form of ore or ore residue.

[20/2014]

(2) For the purposes of subsection (1) —

(a) material is not used for peaceful purposes if it is used orretained for military purposes; and

(b) a facility is not used for peaceful purposes if it contains anynuclear material which is used or retained for militarypurposes.

[20/2014]

(3) If in any proceedings a question arises whether any material orfacility was used for peaceful purposes, a certificate issued by theMinister and stating that it was, or was not, so used at a time specifiedin the certificate, is prima facie evidence of that matter.

[20/2014]

(4) This Part does not apply to —

(a) the activities of armed forces during an armed conflict, asthose terms are understood under internationalhumanitarian law, which are governed by that law; or


31.12.2021

(b) activities undertaken by military forces of a State in theexercise of their official duties, to the extent that thoseactivities are governed by other rules of international law.

[26A[20/2014]

Use, etc., of nuclear material

29. Any person who, without lawful authority, receives, possesses,uses, transfers, alters, disposes of, or disperses nuclear material,where the act causes or is likely to cause —

(a) death or serious injury to any person; or

(b) substantial damage to property,

shall be guilty of an offence and shall be liable on conviction toimprisonment for a term which may extend to life imprisonment.

[26B[20/2014]

Enhanced punishment for theft, etc., of nuclear material

30.—(1) If, in a prosecution of a person for an offence under asection of the Penal Code 1871 set out in the first column of theSecond Schedule, it is proved that —

(a) the offence is committed in relation to nuclear material;and

(b) the person knew that it was nuclear material,

then, in lieu of the term of imprisonment prescribed in that section,the person shall be liable to the term of imprisonment set out in thesecond column of that Schedule against that section.

[20/2014]

(2) Subsection (1) does not affect any liability of the person to, orthe jurisdiction of the court to impose, any other punishmentprescribed in that section of the Penal Code 1871.

[26C[20/2014]


Threat to commit certain offences

31.—(1) Any person who threatens to use nuclear material tocause —

(a) death or serious injury to any person; or

(b) substantial damage to property,

shall be guilty of an offence and shall be liable on conviction toimprisonment for a term which may extend to 10 years.

[20/2014]

(2) Any person who threatens to commit, in relation to nuclearmaterial —

(a) theft within the meaning of section 378 of the PenalCode 1871; or

(b) robbery within the meaning of section 390 of the PenalCode 1871,

in order to compel a person, an international organisation, theGovernment or the government of a country to do or refrain fromdoing any act, shall be guilty of an offence and shall be liable onconviction to imprisonment for a term which may extend to 10 years.

[26D[20/2014]

Use, etc., of nuclear material to cause damage to environment

32. Any person who, without lawful authority, receives, possesses,uses, transfers, alters, disposes of, or disperses nuclear material,where the act causes or is likely to cause substantial damage to theenvironment, shall be guilty of an offence and shall be liable onconviction to imprisonment for a term which may extend to lifeimprisonment.

[26DA[20/2014]

Acts against nuclear facilities

33.—(1) Any person who —

(a) commits an act that is directed against a nuclear facility, orthat interferes with the operation of a nuclear facility; and


31.12.2021

(b) does so intending that the act will cause, or knowing thatthe act is likely to cause —

(i) death or serious injury to any person; or

(ii) substantial damage to property or to theenvironment,

by exposure to radiation or release of radioactivesubstances,

shall be guilty of an offence.[20/2014]

(2) Any person who is guilty of an offence under subsection (1)shall, on conviction —

(a) except in the cases mentioned in paragraphs (b) and (c), beliable to imprisonment for a term which may extend to lifeimprisonment;

(b) if the person had intended to cause serious injury to anyperson knowing that the injury is likely to cause his or herdeath, and death is caused, be subject to the samepunishment as an act under section 300(b) of the PenalCode 1871; or

(c) if the person had intended to cause death to any person anddeath is caused, be subject to the same punishment as anact under section 300(a) of the Penal Code 1871.

[26DB[20/2014]

Threats to commit offence under section 32 or 33

34. Any person who threatens to —

(a) use nuclear material to cause substantial damage to theenvironment; or

(b) commit an offence under section 33,

shall be guilty of an offence and shall be liable on conviction toimprisonment for a term which may extend to 10 years.

[26DC[20/2014]


Export or import of nuclear material: extended jurisdiction

35.—(1) Any person who, outside Singapore —

(a) unlawfully exports nuclear material from one country toanother; or

(b) unlawfully imports nuclear material into one country fromanother,

shall be guilty of an offence and shall be liable on conviction to a finenot exceeding $100,000 or to imprisonment for a term not exceeding5 years or to both.

[20/2014]

(2) A person guilty of an offence under this section may beproceeded against, charged, tried and punished as if the offence iscommitted in Singapore.

[20/2014]

(3) In subsection (1) —

(a) an export of nuclear material from a country; or

(b) an import of nuclear material into a country,

is unlawful if it is contrary to any prohibition or restriction on theexport or import (as the case may be) of nuclear material havingeffect under or by virtue of the law of that country.

[20/2014]

(4) A statement in a certificate issued by or on behalf of thegovernment of a country outside Singapore to the effect that aparticular export or import of nuclear material is contrary to such aprohibition or restriction having effect under or by virtue of the law ofthat country, is prima facie evidence that the export or import isunlawful for the purposes of subsection (3).

[26DD[20/2014]

Information relating to offence

36.—(1) Any person in Singapore who has information which theperson knows or believes may be of material assistance —

(a) in preventing the commission by another person of anoffence to which this section applies; or


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(b) in securing the apprehension, prosecution or conviction ofanother person, in Singapore, for an offence involving thecommission, preparation or instigation of an offence towhich this section applies,

and who fails to disclose the information immediately to a policeofficer shall be guilty of an offence and shall be liable on convictionto a fine not exceeding $50,000 or to imprisonment for a term notexceeding 5 years or to both.

[20/2014]

(2) This section applies to the following offences:

(a) an offence under section 29, 32 or 33;

(b) an offence specified in the Second Schedule committed inrelation to any nuclear material.

[20/2014]

(3) No criminal or civil proceedings shall lie against a person forany disclosure made in good faith under this section.

[20/2014]

(4) A person who makes a disclosure in good faith under thissection is not to be treated as being in breach of any restriction uponthe disclosure of information imposed by law, contract or rules ofprofessional conduct.

[20/2014]

(5) To avoid doubt, this section does not affect sections 128, 128Aand 129 of the Evidence Act 1893.

[26E[20/2014]

Extraterritoriality

37. Any person who, outside Singapore, commits an act that, ifcommitted in Singapore, would constitute a nuclear offence isdeemed to commit the act in Singapore and may be proceededagainst, charged, tried and punished accordingly.

[26F[20/2014]


Assistance under Mutual Assistance in Criminal MattersAct 2000

38.—(1) For the purposes of providing assistance under Part 3 ofthe Mutual Assistance in Criminal Matters Act 2000 to a foreigncountry for a criminal matter involving a relevant offence of thatcountry, the relevant offence is deemed not to be an offence of apolitical character.

[20/2014]


“criminal matter” has the meaning given by section 2(1) of theMutual Assistance in Criminal Matters Act 2000;

“relevant offence”, in relation to a Convention country,means —

(a) an offence against the law of that country thatconsists of or includes conduct which, if it hadoccurred in Singapore, would have constituted anuclear offence; or

(b) an offence against the law of that country thatconsists of or includes conduct which wouldconstitute a nuclear trafficking offence.

[26G[20/2014]

Extradition

39.—(1) All nuclear offences are deemed to be extraditable crimesfor the purposes of Parts 3 and 4 of the Extradition Act 1968.

[20/2014]

(2) For the purposes of the Extradition Act 1968, the expression“extradition crime”, in relation to a Convention country that is adeclared Commonwealth country, is deemed to include relevantoffences.

[20/2014]

(3) Subject to subsection (4), where no extradition treaty is in forcebetween Singapore and a Convention country that is not a declaredCommonwealth country, a notification in the Gazette under section 4


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of the Extradition Act 1968 may be made applying that Act as if therewere an extradition treaty between Singapore and that country.

[20/2014]

(4) Where the Extradition Act 1968 is applied under subsection (3),that Act has effect in relation to that country as if the only extraditioncrimes under that Act were the relevant offences of that country.

[20/2014]

(5) Subsection (4) does not affect any other notification made undersection 4 of the Extradition Act 1968.

[20/2014]

(6) Where —

(a) an extradition treaty is in force between Singapore and aConvention country; and

(b) the treaty does not provide for the extradition of personsaccused of or convicted of a relevant offence of thatcountry,

a notification in the Gazette under section 4 of the ExtraditionAct 1968 may be made applying that Act in relation to that country asif the treaty provided for the matter mentioned in paragraph (b).

[20/2014]

(7) Where a notification mentioned in subsection (6) is made, anylimitation, condition, exception or qualification specified in any othernotification made under section 4 of the Extradition Act 1968, or inany Order in Council mentioned in section 3 of that Act, in relation tothat country must, to the extent that it prevents the relevant offencefrom being considered an extradition crime in relation to that country,be disregarded in the application of that Act in relation to that country.

[20/2014]

(8) For the purposes of the Extradition Act 1968 —

(a) any act, wherever committed, which is a relevant offenceof —

(i) a Convention country that is a declaredCommonwealth country; or

(ii) a Convention country that is not a declaredCommonwealth country in the case of which the


Extradition Act 1968 has been applied by anotification in the Gazette made under section 4 ofthat Act,

is deemed to be an offence within the jurisdiction of thatcountry; and

(b) any such offence is deemed not to be an offence of apolitical character.

[20/2014]


“declared Commonwealth country” has the meaning given bythe Extradition Act 1968;

“relevant offence” —

(a) in relation to a Convention country that is a Party tothe amendments adopted in Vienna on 8 July 2005 tothe Nuclear Material Convention, means —

(i) an offence against the law of that countrywhere the act or omission constituting theoffence or the equivalent act or omissionwould, if it took place in Singapore —

(A) constitute a nuclear offence; or

(B) be such an offence if the descriptionconcerned contained a reference to anyintent or state of mind on the part of theperson committing the offence, or to anycircumstance of aggravation, necessaryto constitute the offence; or

(ii) an offence against the law of that countrywhere the act or omission constituting theoffence or the equivalent act or omissionwould —

(A) constitute a nuclear trafficking offence;or


31.12.2021

(B) be such an offence if the descriptionconcerned contained a reference to anyintent or state of mind on the part of theperson committing the offence, or to anycircumstance of aggravation, necessaryto constitute the offence; or

(b) in relation to any other Convention country, means anoffence against the law of that country where the actor omission constituting the offence or the equivalentact or omission would, if it took place inSingapore —

(i) constitute a nuclear offence, other than anoffence under section 32, 33 or 34 or anyoffence mentioned in paragraph (c), (d) or (e)of the definition of “nuclear offence” insection 2(1) as it relates to any of thosesections; or

(ii) be such an offence if the description concernedcontained a reference to any intent or state ofmind on the part of the person committing theoffence, or to any circumstance of aggravation,necessary to constitute the offence.

[26H[20/2014]

PART 9

ENFORCEMENT

Power of arrest

40.—(1) An authorised officer may —

(a) arrest without warrant any person whom he or she hasreason to believe to be committing or to have committed anoffence under section 6, 7, 12 or 15; and

(b) search the person arrested and seize anything which he orshe reasonably considers to be evidence of the commissionof the offence.


(2) A woman or girl must not be searched except by a woman.

(3) Where the authorised officer makes an arrest without warrant,he or she must, without unnecessary delay, bring the person arrestedbefore a Magistrate.

(4) The authorised officer must not detain in custody a personarrested without a warrant for a longer period than is reasonable underthe circumstances of the case.

(5) The period that a person arrested without a warrant may bedetained in custody must not exceed 48 hours, excluding the time forany necessary journey to the Magistrate’s Court.

[27

Warrant for search and seizure

41.—(1) If a Magistrate is satisfied, on information on oath, that—

(a) there is reasonable ground for suspecting that an offenceunder this Act is being, has been or is about to becommitted on any premises; or

(b) evidence of the commission of such an offence is to befound there,

the Magistrate may issue a warrant in writing to an authorised officerto enter the premises, if necessary by force, at such time as may bespecified in the warrant and within 14 days of the issue of the warrant(or within such longer period as may be specified in the warrant) andto search them.

(2) An authorised officer who enters the premises under theauthority of the warrant may —

(a) take with him or her such other person and such equipmentas appear to him or her to be necessary;

(b) inspect any record, register or other document found on thepremises which he or she has reasonable cause to believemay be required as evidence for the purposes ofproceedings in respect of an offence under this Act;

(c) take copies of, or seize and remove, such document;


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(d) inspect, seize and remove any device, apparatus orequipment found on the premises which he or she hasreasonable cause to believe may be required as suchevidence;

(e) inspect, sample, seize and remove any substance, material,or other matter or thing found on the premises which he orshe has reasonable cause to believe may be required assuch evidence; or

(f) search or cause to be searched any person found on thepremises whom he or she has reasonable cause to believeto be in possession or control of any document, device,apparatus, equipment, substance, material or other matteror thing.

(3) A woman or girl must not be searched except by a woman.[28

Use of force

42. If force is required to enter and inspect any premises specifiedin a warrant issued under section 25, 26 or 41 (whether by breakingdown a door or otherwise), or in breaking open anything in thepremises, the person executing the warrant may use such force as isreasonable in the circumstances.

[29

Forfeiture

43.—(1) A court may order that anything shown to the court’ssatisfaction to be the subject matter of an offence under this Act or tohave been used in the commission of such an offence is to be forfeitedto the Agency, and either destroyed or otherwise dealt with in suchmanner as the court may order.

(2) The court may, in particular, order that the thing be dealt with asthe Director-General may think fit, and in such a case theDirector-General may direct that it be destroyed or otherwise dealtwith.


(3) Where —

(a) the court proposes to order anything to be forfeited underthis section; and

(b) a person claiming to have an interest in it applies to beheard by the court,

the court must not order it to be forfeited unless that person has beengiven an opportunity to show cause why the order should not bemade.

(4) The court may make an order under this section even though noperson has been charged with or convicted of an offence under thisAct in relation to the thing to be forfeited.

[30

False or misleading statements and documents

44. Any person who, for the purpose of obtaining (whether for theperson or any other person) the grant of any licence or approval underthis Act, or for any other purpose in relation to this Act —

(a) in any document prepared pursuant to this Act, makes anydeclaration or statement or omits any matter knowing that,or being reckless as to whether, the declaration, statementor omission makes the document false or misleading in amaterial particular; or

(b) otherwise produces or makes use of any document whichthe person knows is false or misleading in any materialparticular,

shall be guilty of an offence and shall be liable on conviction to a finenot exceeding $50,000 or to imprisonment for a term not exceeding12 months or to both.

[31

Obstruction, etc., of authorised officer or IAEA inspector

45.—(1) Any person who obstructs, hinders, resists or deceives anyauthorised officer or IAEA inspector who is exercising any functioncontemplated, or any power provided for, in this Act shall be guilty ofan offence and shall be liable on conviction to a fine not exceeding


31.12.2021

$50,000 or to imprisonment for a term not exceeding 12 months or toboth.

(2) Nothing in subsection (1) applies to a refusal to give consent toentry —

(a) by a national inspector who is not acting pursuant to awarrant mentioned in section 25 or 26;

(b) by an IAEA inspector who is not acting pursuant to awarrant mentioned in section 26; or

(c) by an authorised officer who is not acting pursuant to awarrant mentioned in section 41.

[32

PART 10

MISCELLANEOUS

Appeals

46.—(1) Any person who is dissatisfied with any decision of theDirector-General under section 8, 14 or 15 may appeal to the Ministerin writing within 30 days of the communication to that person of thedecision of the Director-General.

(2) Upon receipt of any appeal, the Minister must appoint one ormore persons to hear representations made by the appellant and theDirector-General and, if the appointed persons think fit, to inspect thepremises or irradiating apparatus and to report to the Minister, whomust thereupon determine the appeal as soon as practicable.

(3) In the exercise of his or her power to determine an appeal, theMinister may —

(a) dismiss the appeal;

(b) require the Director-General to issue a licence;

(c) quash any suspension or cancellation of a licence, orsubstitute a suspension of a licence for cancellation or viceversa; or


(d) vary or revoke any decision of the Director-General, orsubstitute any decision for a decision made by theDirector-General.

(4) The decision of the Minister under this section is final.[33

Protection of persons acting under Act

47. No suit or other legal proceedings shall lie personally againstany authorised officer, any person acting under the officer’s directionand any other person for anything which is in good faith done orintended to be done in the execution or purported execution of thisAct.

[34

Public servants

48. All authorised officers are deemed to be public servants for thepurposes of the Penal Code 1871.

[35

Fees, charges, etc., collected by authorised officer to be paid toAgency

49. All fees, charges and other moneys recovered or collected bythe Director-General or any other authorised officer under this Act(including sums collected for the composition of offences undersection 53) must be paid to the Agency.

[36

Offences by bodies corporate, etc.

50.—(1) Where an offence under this Act committed by a bodycorporate is proved —

(a) to have been committed with the consent or connivance ofan officer; or

(b) to be attributable to any neglect on the officer’s part,

the officer as well as the body corporate shall be guilty of the offenceand shall be liable to be proceeded against and punished accordingly.


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(2) Where the affairs of a body corporate are managed by itsmembers, subsection (1) applies in relation to the acts and defaults ofa member in connection with the member’s functions of managementas if the member were a director of the body corporate.

(3) Where an offence under this Act committed by a partnership isproved —

(a) to have been committed with the consent or connivance ofa partner; or

(b) to be attributable to any neglect on the partner’s part,

the partner as well as the partnership shall be guilty of the offence andshall be liable to be proceeded against and punished accordingly.

(4) Where an offence under this Act committed by anunincorporated association (other than a partnership) is proved —

(a) to have been committed with the consent or connivance ofan officer of the unincorporated association or a member ofits governing body; or

(b) to be attributable to any neglect on the part of such anofficer or member,

the officer or member as well as the unincorporated association shallbe guilty of the offence and shall be liable to be proceeded against andpunished accordingly.


“body corporate” includes a limited liability partnership asdefined in section 2(1) of the Limited Liability PartnershipsAct 2005;

“officer” —

(a) in relation to a body corporate, means any director,partner, member of the committee of management,chief executive, manager, secretary or other similarofficer of the body corporate and includes any personpurporting to act in any such capacity; or


(b) in relation to an unincorporated association (otherthan a partnership), means the president, thesecretary, or any member of the committee of theunincorporated association, or any person holding aposition analogous to that of president, secretary ormember of a committee and includes any personpurporting to act in any such capacity;

“partner” includes a person purporting to act as a partner.

(6) The Minister may make regulations to provide for theapplication of any provision of this section, with suchmodifications as the Minister considers appropriate, to any bodycorporate or unincorporated association formed or recognised underthe law of a territory outside Singapore.

[37

Jurisdiction of courts

51. Despite any provision to the contrary in the Criminal ProcedureCode 2010, a District Court has jurisdiction to try any offence underthis Act and has power to impose the full penalty or punishment inrespect of the offence.

[38

Penalty for offences not otherwise provided for

52. Any person who contravenes any provision of this Act forwhich no penalty is expressly provided shall be guilty of an offenceand shall be liable on conviction —

(a) in a case where the contravention is of such a nature as toendanger or is likely to endanger human life— to a fine notexceeding $50,000 or to imprisonment for a term notexceeding 12 months or to both; or

(b) in any other case — to a fine not exceeding $10,000 or toimprisonment for a term not exceeding 3 months or to both.

[39


31.12.2021

Composition of offences

53.—(1) The Director-General may compound any offence underthis Act that is prescribed as a compoundable offence by collectingfrom a person reasonably suspected of having committed the offencea sum not exceeding the lower of the following:

(a) one half of the amount of the maximum fine that isprescribed for the offence;

(b) $15,000.

(2) On payment of the sum, no further proceedings are to be takenagainst that person in respect of the offence.

(3) The Agency may, with the approval of the Minister, makeregulations to prescribe the offences that may be compounded.

[40

Cost of enforcement

54. Where a person has been convicted by a court for an offenceunder section 6 or 7 or under Part 8A, the court may order that personto pay reasonable costs of any enforcement action taken by anauthorised officer in respect of the offence, including any cost ofstorage of the subject matter of the offence or anything used in thecommission of the offence.

[40A[20/2014]

Exemption

55. The Agency may, subject to the general or special directions ofthe Minister, either permanently or for such period as the Agencythinks fit, by regulations exempt any, or any class of, person,premises, material or thing from all or any of the provisions of thisAct, subject to such terms or conditions as may be prescribed.

[41

Amendment of Schedules

56.—(1) The Minister may, by order in the Gazette, amend, add toor vary the First or Second Schedule.

[20/2014]


(2) The Minister may, in any order made under subsection (1),make such incidental, consequential or supplementary provisions asmay be necessary or expedient.

(3) Any order made under subsection (1) must be presented toParliament as soon as possible after publication in the Gazette.

[42

Regulations

57.—(1) The Agency may, with the approval of the Minister, makesuch regulations as may be necessary or expedient for giving fulleffect to the provisions of this Act and for the due administration ofthis Act and, in particular, may make regulations for or with respectto —

(a) the form and manner of applying for and granting, and thefees for, licences and renewals of licences, and the mattersto be taken into consideration in respect of any applicationfor or for the renewal of a licence or in respect of anyproposal to suspend or cancel a licence;

(b) the granting of different classes or types of licences underthis Act;

(c) the form of the registers to be kept under this Act;

(d) regulating the sale, purchase or manufacture of, or thedealing with, any radioactive substance and irradiatingapparatus;

(e) regulating the transport, storage, use and disposal of anyradioactive substance or irradiating apparatus;

(f) preventing injury by radiations to any person;

(g) securing the safe disposal of any radioactive waste productresulting from the manufacture, production, treatment,storage or use of any radioactive substance;

(h) imposing requirements with respect to the construction orstructural alteration of buildings used or intended to beused for the manufacture, production, treatment, storage or


31.12.2021

use of any radioactive substance, or in which anyirradiating apparatus is used or intended to be used;

(i) requiring persons who are exposed or are likely to beexposed to the risk of disease due to radiation from anyradioactive substance or irradiating apparatus to submit toscreening and decontamination procedures by suchpersons as the Director-General may approve, as well asto medical examinations, including blood tests;

(j) prohibiting the use of any prescribed radioactive substanceor any prescribed class or description of irradiatingapparatus either generally, or for prescribed purposes orotherwise than for prescribed purposes;

(k) prescribing the maximum working hours and minimumage of persons engaged in the manufacture, production,treatment, storage, sale or use of any radioactive substanceor the use, testing or repair of any irradiating apparatus,prescribing the minimum holidays to be taken by thosepersons, and providing for the medical examination ofthose persons;

(l) prescribing personnel or area monitoring;

(m) regulating the use of any radioactive substance fortherapeutic or diagnostic purposes;

(n) regulating the dispensing and compounding of anyprescription containing any radioactive substance;

(o) providing for the making of returns by owners ofradioactive materials of the quantities and classes ofradioactive materials held by them;

(p) providing for the keeping by purchasers of radioactivesubstances of records specifying the purposes to whichthose substances are put, and for the inspection of thoserecords, and for the making of returns of entries in thoserecords;


(q) providing for the keeping of records of any application ofradioactive substances or irradiating apparatus fordiagnostic or therapeutic purposes;

(r) regulating the registration of mobile radioactive andirradiating laboratories;

(s) prescribing the fees payable for services rendered by theDirector-General;

(t) prescribing offences in respect of the contravention of anyregulation made under this section, and prescribingpenalties, not exceeding $50,000 or an imprisonmentterm not exceeding 6 months or both, that may, onconviction, be imposed in respect of any such offence; and

(u) any other matter required or permitted to be prescribed, ornecessary or expedient to be prescribed, for carrying out orgiving effect to the provisions of this Act.

[20/2014]

(2) Without limiting subsection (1), the Agency may, with theapproval of the Minister, make regulations for the purposes ofimplementing the Safeguards Agreement, or any agreement that isconcluded between Singapore and the IAEA pursuant to theSafeguards Agreement, and, in particular, may make regulationsfor or with respect to —

(a) imposing on any importer, exporter, agent, forwardingagent, common carrier, consignor or consignee of goods oron any owner, agent, master or person in charge of aconveyance as may be prescribed in the regulations, theduty to provide —

(i) to the Director-General; or

(ii) to the owner, agent, master or person in charge of aconveyance, or to a railway stationmaster or to suchother person as may be prescribed,

such particulars, information or documents as may beprescribed in respect of any nuclear material that isimported or exported;


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(b) requiring the master of any vessel to attend at the office ofthe Director-General or Port Master, and to provide suchparticulars, information and documents as may beprescribed;

(c) prohibiting the issue of a port clearance to the master ofany vessel pending compliance with any provision of theregulations; and

(d) the registration of any nuclear material that is imported orexported.

(3) Without limiting subsection (1), the Agency may, with theapproval of the Minister, make regulations for the purposes ofimplementing the Nuclear Material Convention, including for or withrespect to any of the matters mentioned in subsection (1), as well as toprescribe measures for the physical protection of a nuclear facilitywithin the meaning of the Convention, including licensing theoperation of such facility.

[43[20/2014]

Saving for other written law

58. Nothing in this Act is to be construed as limiting or in any wayaffecting the provisions of any other written law.

[44

Saving and transitional provisions

59.—(1) Any subsidiary legislation made under the repealedRadiation Protection Act (Cap. 262, 1992 Revised Edition) and inforce immediately before 1 July 2007, so far as it is not inconsistentwith the provisions of this Act, continues in force as if made underthis Act until it is revoked or repealed.

(2) Any written law or document referring to the repealed RadiationProtection Act (Cap. 262, 1992 Revised Edition) or any provision ofthat Act is, as far as may be necessary for preserving its effect, to beconstrued as referring or as including a reference to this Act or thecorresponding provision in this Act, as the case may be.

[45


FIRST SCHEDULESections 2(1) and 56

DEFINITION OF NUCLEAR MATERIAL

1. In this Act, “nuclear material” means —

(a) any source material (not being ore or ore residue); or

(b) any special fissionable material.

2. For the purposes of paragraph 1 —

“source material” means —

(a) uranium containing the mixture of isotopes occurring in nature;

(b) uranium depleted in the isotope 235;

(c) thorium;

(d) any of the foregoing in the form of metal, alloy, chemicalcompound, or concentrate; or

(e) any other material containing one or more of the foregoing insuch concentration as the IAEA Board of Governors determinesfrom time to time;

“special fissionable material” means —

(a) plutonium-239;

(b) uranium-233;

(c) uranium containing the isotopes 235 or 233, or both, in anamount such that the abundance ratio of the sum of theseisotopes to the isotope 238 is greater than the ratio of theisotope 235 to the isotope 238 occurring in nature; or

(d) any material containing one or more of the foregoing,

but does not include source material.[20/2014]


31.12.2021

SECOND SCHEDULESections 2(1), 30(1), 36(2)(b) and 56

ENHANCED PUNISHMENTS FOR OFFENCESCOMMITTED IN RELATION TO NUCLEAR MATERIAL

Offence under Penal Code . Substituted imprisonment term

1. Section 379 (Theft) — Term which may extend to 5 years

2. Section 380 (Theft indwelling-house, etc.)

— Term which may extend to 10 years

3. Section 381 (Theft by clerk orservant of property inpossession of master)


4. Section 382 (Theft afterpreparation made for causingdeath or hurt in order tocommit theft)


5. Section 384 (Extortion) — Term of not less than 3 years and notmore than 10 years

6. Section 385 (Putting person infear of harm in order to commitextortion)

— Term of not less than 3 years and notmore than 8 years

7. Section 386 (Extortion byputting a person in fear ofdeath or grievous hurt)


8. Section 387 (Putting person infear of death or of grievoushurt in order to commitextortion)


9. Section 388 (Extortion bythreat of accusation of anoffence punishable with death,or imprisonment, etc.)


10. Section 389 (Putting person infear of accusation of offence,in order to commit extortion)


11. Section 392 (Robberycommitted at or after 7 a.m.and at or before 7 p.m.)



SECOND SCHEDULE — continued


12. Section 392 (Robberycommitted after 7 p.m. andbefore 7 a.m.)


13. Section 393 (Attempt tocommit robbery)


14. Section 394 (Voluntarilycausing hurt in committingrobbery)


15. Section 395 (Gang-robbery) — Term of not less than 8 years and notmore than 30 years

16. Section 399 (Makingpreparation to commitgang-robbery)


17. Section 402 (Assembling forpurpose of committinggang-robbery)


18. Section 403 (Dishonestmisappropriation of property)


19. Section 406 (Criminal breachof trust)


20. Section 407 (Criminal breachof trust of property entrustedfor purposes of transportationor storage)


21. Section 408 (Criminal breachof trust by employees)


22. Section 409 (Criminal breachof trust by public servant, or bybanker, merchant, agent,director, officer, partner, keyexecutive or fiduciary)


23. Section 417 (Cheating) — Term which may extend to 5 years


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SECOND SCHEDULE — continued


24. Section 418 (Cheating withknowledge that wrongful lossmay be thereby caused to aperson whose interest theoffender is bound to protect)


25. Section 419 (Cheating bypersonation)


26. Section 420 (Cheating anddishonestly inducing deliveryof property)


27. Section 468 (Forgery forpurpose of cheating)

— Term which may extend to 15 years.

[20/2014; 15/2019]


LEGISLATIVE HISTORY


This Legislative History is a service provided by the Law Revision Commissionon a best-efforts basis. It is not part of the Act.

PICTORIAL OVERVIEW OF PREDECESSOR ACTS

LEGISLATIVE HISTORY DETAILS

PART 1RADIATION PROTECTION ACT

(CHAPTER 262, 1985 REVISED EDITION)

1. Act 20 of 1973 — Radiation Protection Act, 1973

Bill : 14/1973

First Reading : 7 March 1973

Second and Third Readings : 20 March 1973

Commencement : 1 September 1974 (except sections 5and 17)

2. 1985 Revised Edition — Radiation Protection Act (Chapter 262)

Operation : 30 March 1987

PART 2RADIATION PROTECTION ACT

(CHAPTER 262, 1992 REVISED EDITION)

3. Act 8 of 1991 — Radiation Protection Act 1991

Bill : 34/1990

First Reading : 9 November 1990

Second and Third Readings : 3 January 1991

Commencement : 1 February 1992



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5. Act 24 of 1999 — Dentists Act 1999(Amendments made by section 69(2) of the above Act)

Bill : 17/1999

First Reading : 4 May 1999

Second and Third Readings : 6 July 1999

Commencement : 15 October 1999 (section 69(2))

6. Act 4 of 2001 — Health Sciences Authority Act 2001(Amendments made by section 42 read with item (10) of the Second Scheduleto the above Act)

Bill : 3/2001

First Reading : 12 January 2001

Second and Third Readings : 22 February 2001

Commencement : 1 April 2001 (section 42 read withitem (10) of the Second Schedule)

PART 3RADIATION PROTECTION ACT 2007

(2020 REVISED EDITION)

7. Act 27 of 2007 — Radiation Protection Act 2007

Bill : 14/2007

First Reading : 9 April 2007

Second and Third Readings : 21 May 2007

Commencement : 1 July 2007



9. Act 20 of 2014 — Radiation Protection (Amendment) Act 2014

Bill : 14/2014

First Reading : 26 May 2014

Second and Third Readings : 7 July 2014

Commencement : 21 October 2014 (except sections 3(2)and 9(2) to (5))7 May 2016 (sections 3(2) and 9(2)to (5))

ii

10. Act 15 of 2019 — Criminal Law Reform Act 2019(Amendments made by section 185 of the above Act)

Bill : 6/2019

First Reading : 11 February 2019

Second Reading : 6 May 2019

Notice of Amendments : 6 May 2019

Third Reading : 6 May 2019

Commencement : 1 January 2020 (section 185)

Abbreviations

C.P. Council Paper

G.N. No. S (N.S.) Government Notification Number Singapore (New Series)

G.N. No. Government Notification Number

G.N. No. S Government Notification Number Singapore

G.N. Sp. No. S Government Notification Special Number Singapore

L.A. Legislative Assembly

L.N. Legal Notification (Federal/Malaysian SubsidiaryLegislation)

M. Act Malayan Act/Malaysia Act

M. Ordinance Malayan Ordinance

Parl. Parliament

S.S.G.G. (E) No. Straits Settlements Government Gazette (Extraordinary)Number

S.S.G.G. No. Straits Settlements Government Gazette Number

iii

COMPARATIVE TABLE


This Act has undergone renumbering in the 2020 Revised Edition. ThisComparative Table is provided to help readers locate the corresponding provisionsin the last Revised Edition.

2020 Ed. 2008 Ed.

3 2A

4 3

5 4

6 5

7 6

8 7

9 8

10 9

11 10

12 11

13 12

14 13

15 14

16 15

17 16

18 17

19 18

20 19

21 20

22 21

23 22

24 23

25 24

26 25

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2020 Ed. 2008 Ed.

27 26

28 26A

29 26B

30 26C

31 26D

32 26DA

33 26DB

34 26DC

35 26DD

36 26E

37 26F

38 26G

39 26H

40 27

41 28

42 29

43 30

44 31

45 32

46 33

47 34

48 35

49 36

50 37

51 38

52 39

53 40

54 40A

ii

2020 Ed. 2008 Ed.

55 41

56 42

57 43

58 44

59 45

[Omitted as spent] (1)




(1) (5)

(2) (6)

iii

the statutes of the republic of singapore radiation

Documents